Utley v. Stevens

The notes executed by appellants were given for the purchase of merchandise. In plea No. 7 appellants relied upon fraud in.procuring their execution, in that the agent of the seller, in effecting the sale, misrepresented the contents of a contract executed as a part of the transaction. It was alleged that the seller accepted said notes and contract and thereby elected to stand by them and the representations of its agent, and was therefore bound by the said representations. Demurrer was sustained to this plea.

The argument of counsel indicates that this ruling was based upon the fact that it…